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HomeMy WebLinkAbout213185 STAGERIGHT CORPORATION - PURCHASE ORDER - 9112348City of FortCollins Date: 04/27/2011 Vendor: 213185 STAGERIGHT CORPORATION P.O BOX 208 CLARE Michigan 48617 PURCHASE ORDER PO Numtier Page 9112348 1of2 [his number must appear nal(invoices, packing ips and.labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS.Colorado 80521 Delivery Date: 04/26/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Orchestra Shell - Lincoln Cntr 1 LOT LS 98,885.50 PER TERMS AND CONDITIONS OF BID 7211 AND AGREEMENT DATED 4-27-11 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registacd with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you fro credit and are not to be repland,except'upon receipt of wviucn purchaser to insist upon strict performance hacofat any of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. " a of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purpanad 0oral modification or rescission of this pmchase orda by the Purchaser operate as a waiver Of any of the terms Inspection. GOODS are wbjectto the City of Fart Collins inspection on arriva). • hereof. Final Acceptance. Receipt of the merchandise, services or equipment in m5ponie to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on she pan of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependept upon completion of all applicable required inspection proccdums. violations are in fact berme by the Purchaser. Theretofore, for good cause and as consideration for executing this h d h S 11 h b h P h Freight Terms. Shipments must be F.O.B.; City of Fart Collins, 700 Woad St; Fort Collin, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additions] charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the ma rest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at.sellas sole cost all necessary permits, cenifiates and licenses required by all applicable laws, rcgulamins, ordinances and mIcs of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly commorted public authority having jurisdiction over the work of vendor. Sella funhct agrees to hold the City of Fort Collins harmless from and against all liability and loss re incurred by them by ason of an assured or established violation of any such laws, regulations, ordinances, rules and requirements. pure asc or cr, t c c a arc y assigns to t c on nee any and all claims It may new have or hercaficr acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to carted nonconforming at defective goods by u date to be agreed upon by the Purchaser and the Seller, and the Seller theamfia indicates its inability m unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature tewhing from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees ofsuch party. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Scllers conactal obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind said parties. such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hacto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to end hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchases shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond is reasonable control and without its fault ofncgligence, such acts of God, acts ofcivil or military authorities, gm rnmental priorities, rims, strikes, flood, epidemics, wars or rims provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended fro the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other description given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mane. The Sella agrees to hold the purchases harmless from any loss, damage or expeme which the Purehasamay suffer or incur on account ofthe Sellers breach of warrenty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year at within such longer period of time as may be prescribed by law or by the terns of any applicable waanty provided by the Seller after the date of acceptance of the goods furnished hereunder (scaptancc not to be unreasonably delayed), resulting from imperfect or defective work done at materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waives of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or Ions of are. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasa may make any changes to the toms, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal a written change order, If any such change afecs the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Ptahasa may at any time by written change order, terminate this agreement as to anyor all portions of the goads then net shipped, subject to any equitable adjustment between the parties as to any work or materials then in pnogrQs provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goads and/or work, fro incidental m consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which am the Scilars standard stock. No such termination shall relieve the Purchasa or the Sella of any of their obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fa adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all goods sold bacemder shall have been produced, sold delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pura hasa harmless from all vests and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. _ 9. ASSIGNMENT. Neither parry shall assign, Master, or convey this order, or any monies due or to bosom, dot hereunder without the prior wring co t afthe Other parry. 10. TITLE. The Sell" wertants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restriction, reservations, security interest ercumbrances and claims of others. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mount of the use of such patented design, device, material or process in connection with the contract, end shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion ofthe work. In case said equipment, or any pan thereof a the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expcne and at is option, either procure for the Purchaser the right to continue using said equipment of parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall panics hatemda shall be construed under and governed by the laws of the State of Colomdo, USA. The following Additional Condition apply only in ass where the Sella is to perform work hereunder, including the services of Scllers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Sela's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/err equipmem were being furnished by the Seller under the order. 18. INSURANCE The Sella shall, at his own expcne, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/far-ex, their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500.000 for any one accident and property damage limit pa accident of $400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insumna. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a ccrtfcate that such compensation and insomniac have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and instance expires. The Seller agrees that such compensation and insurance shall be maintained until afla the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or name, whatsavcr to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or rill of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or subject by reason of any act, action, negkd, omission or default on the pan of the Sella, any of his contractors. or any of the Sellers or contractors; officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or emplayeas at any time on account or by mason of any act, action, neglect, omission or default of the Sella of any of his eonachms or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property, of the Purchaser, or said parties in or as a result of such wits or other proceedings. the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Sella and his conactors shall take all safety precautions, famish and install all guards necessary fro the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant theme. Revised 032010